Article 3 Flashcards
1
Q
What are the Crimes Against Persons? (5)
A
- Homicide
- Assault
- Kidnapping
- Unlawful sexual behavior
- Felony menacing
2
Q
How many Homicide Related Offenses in Colorado are there?
A
5
3
Q
What are the Homicide Related Offenses in Colorado?
A
- 1st degree murder
- 2nd degree murder
- Manslaughter
- Criminally negligent homicide
- Vehicular homicide
4
Q
Homicide Definition
A
Killing of a person by another person
5
Q
Persons Definition
A
- Referring victim of homicide
- means a human being who had
been born and was alive.
6
Q
Position of trust Definition
A
- any person who is a parent or
- acting in the place of the parent
- and charged with rights, duties,
or responsibility concerning a
child
7
Q
after deliberation definition
A
- not only intentionally
- decision to commit the act has been made after
- the exercise of reflection and judgement concerning the act
8
Q
How many First Degree Murders are there in Colorado?
A
6
9
Q
What are the (6) First Degree Murders in Colorado?
A
- First Degree murder
- Perjury
- extreme indifference
- Death Caused by drugs Sold to a
minor up/near school grounds - Death of a child uner 12 one in a
position of trust - First Degree murder of a Peace
officer/Firefighter
10
Q
The (1) of the (6) 1st degree murder charges that ONLY REQUIRES INTENT
A
1st Degree murder
11
Q
1st Degree Murder: CRS 18-3-102 -Class 1 Felony
A
- Intentionally causes the death of another person.
- After deliberation
- NOT upon impulse.
Way weapon is used may be strong circumstantial evidence of deliberation
12
Q
Can you prove 1st degree murder deliberation part with just circumstantial evidence.
A
YES
13
Q
In what ways can a weapon is used may be strong circumstantial evidence of deliberation examples
A
- Spring guns
- Bomb
- Ambush
- Poison
- Lying-in-wait
- Torture
14
Q
“Take your victim as you find them” (Legal Theory) not Statute
A
- Victims suffering from infirmities
- that die as a result of the accused’s conduct
- can give rise to a 1st degree murder charge.
15
Q
Is there an affirmative defense for “Take your victim as you find them” (Legal Theory) not Statute
A
No
16
Q
Independent Intervening Cause
(Legal Theory)
A
- The death must be the natural
and probable consequence of
an unlawful act - In which the offender
participates. - No defense and must be gross negligence
17
Q
Perjury Class 1 Felony
A
- Offender caused conviction and
execution of - An innocent person
- Because offender perjured
himself or suborned (got
another to commit perjury)
18
Q
Extreme Indifference To Value Of Human Life Class 1 Felony
A
- Offender under circumstances
evidencing an attitude of
universal malice - Knowingly
- Engaged in conduct which
created a grave risk of death to
persons other than himself
19
Q
Death Caused By Drugs Sold to Minors Upon/Near School
Grounds
A
- Offender, knowingly
- Distributed/dispensed/sold
- A controlled substance
- To a person under 18
- Upon or within 1000 feet of
public or private
elementary/vocational/junior
high/high school - And the death of such person
was caused by the use of the
controlled substance
20
Q
Death of A Child under 12 by One in A Position of Trust
A
- Offender, knowingly
- Caused death of a person under
12 and, - Offender was one in a position
of trust
21
Q
Death of A Child under 12 by One in A Position of Trust
A
- Any person who is a parent or
acting in the place of a parent - and charged with parent rights
and duties; responsible for
general supervision of a child’s
welfare; - responsible for health,
education, or supervision of a
child, including foster care, child
care, or institutional care
22
Q
First Degree Murder of a Peace Officer/ Firefighter
A
- Offender committed 1st degree
murder in any of the above
ways; - Of a peace officer or firefighter;
Who was engaged or acting in
performance of any duty,
whether or not peace
officer/firefighter was within his
territorial limits of his
jurisdiction; AND - Peace officer/firefighter was in
uniform; OR - Person committing the assault
knew or reasonably should have
known victim was a peace
officer/firefighter
** life in prison, natural life
23
Q
2nd degree murder
A
- Offender, knowingly (other than
heat of passion); - Caused the death of another.
24
Q
2nd degree murder mental state
A
knowingly
25
is heat of passion a defense?
No, but successfully argued the defendant gets a lower class of felony and they do less time
26
Heat of passion under 2nd degree murder
1. Offender, knowingly
2. Caused death of another
3. Where act of death was
performed under a sudden heat
of passion and was,
4. Caused by a highly provoking
act of the intended victim
5. Which affected offender
sufficiently to excite an
irresistible passion in a
reasonable person;
6. And there was no interval
between the provocation and
killing sufficient for the voice of
reason and humanity to be
heard.
27
Heat of passion defense reduces the 2nd degree murder charge from class 2 felony to class 3 felony.
True
28
Does Heat of Passion elements apply in 2nd degree assault
Yes
29
“Independent Intervening Cause” is a valid defense to 2nd degree murder
True
30
Felony Murder Rule
* Offender while committing or attempting to commit
* Arson, robbery, burglary, kidnapping, sexual assault or crime
of escape
* During course of the crime or immediate flight therefrom
* Anyone caused
* The death of another person, other than one of the
participants
* State must prove offender involved in one of the prohibited
crimes
31
What are the Brakes crimes?
1. Arson,
2. robbery
3. burglary
4. kidnapping
5. sexual assault
6. crime of escape
32
Statutory Defenses for Felony Murder
1. not the only participant in
crime;
2. did not solicit, command or
encourage, cause or aid
in the commission of the act;
3. not armed with a deadly
weapon;
4. did not have reason to believe
another
5. participant was armed with a
deadly weapon, instrument,
article or substance.
33
What are the 2 components of 2nd degree murder
1. Heat of passion
2. Felony Murder Rule
34
Can you argue heat of passion for Manslaughter?
Yes
35
Manslaughter guilty mental state
recklessly caused death of another
36
Suicide under manslaughter
* Offender, intentionally
* Caused or aided
* Another person to commit suicide
* “Medical directives” do not apply to the suicide
provision
37
Criminally Negligent Homicide
* Offender, Killed another person,
* By conduct amounting to
criminal negligence (failure to
perceive a risk),
* Gross deviation from the
reasonable care standard,
* Most common defense to this
charge is “accidental killing”.
38
Vehicular Homicide
* Offender
* Operated a motor vehicle
* In a reckless manner (Class 4 felony) or
* While under the influence (Class 3 felony) of
alcohol/drugs/or both
* Such conduct was the proximate cause
* Of the death of another person
39
Proximate cause defined:
1. You Don't need to be the main
cause of death, can be direct.
2. "But for” the conduct of the
offender, the death would not
have occurred (the “But For”
Rule).
3. But for rule
40
Vehicular Homicide
1. A level of .08 BAC creates a
presumption that the person
was under the influence.
2. Officer may request the driver
take a chemical test (blood,
breath for alcohol and urine for
drugs).
3. Officer chooses the type of test
(vehicular assault/vehicular
homicide).
4. May get samples of
blood/urine/saliva from medical
providers.
41
Assault Related Offenses (6)
1. 1st degree assault
2. 2nd degree assault
3. 3rd degree assault
4. Vehicular assault
5. Criminal menacing
6. Criminal extortion
42
1st Degree assault different parts (6)
1. 1st degree assault
2. Disfigurement
3. Extreme Indifference
4. Assault Against Peace
Officer/Firefighter
5. Assault Against Judge/Officer of
Court
6. In Custody
43
Assault in the 1st Degree
* Offender, with intent
* To cause serious bodily injury
* Caused serious bodily injury
* With a deadly weapon
44
Disfigurement
1. Offender, with intent;
2. To disfigure a person seriously and
permanently (to destroy amputate
or disable permanently a member or
organ of his body);
3. Caused that injury to the victim.
45
Extreme Indifference to Life
1. Offender, knowingly;
2. Engaged in conduct which
created grave risk of death to
another;
3. Under circumstances
manifesting extreme
indifference to value of life;
4. Caused serious bodily injury to
another.
46
Assault Against Peace Officer/Firefighter
1. Offender, with intent to cause
serious bodily injury;
2. To a peace officer or firefighter;
3. Threatened a peace officer or
firefighter with a deadly
weapon;
4. While victim engaged in
performing duties;
5. Offender knew or reasonably
should have known victim was a
peace officer or firefighter.
47
In Custody
1. Offender, while lawfully
confined or in custody;
2. As a result of being charged
with/convicted of/or being
charged/adjudicated as a
delinquent child;
3. Intended to cause serious bodily
injury to a person employed
with a detention facility or a
person employed by the
Department of Human
Services/responsible for youth
services;
4. Threatened with a deadly
weapon;
5. With knowledge/reason to know
that the victim was engaged in
the performance of his duties.
48
Assault Against Judge/Officer of Court:
* Offender, with intent to cause serious bodily injury;
* To a judge of court or an officer of said court;
* Threatened the judge/officer of court with a deadly weapon;
* Offender knew or reasonably should have known victim was a
judge/officer of court.
49
Assault by strangulation
1. offender with intent to cause SBI and
does
2. applies sufficient pressure to impede
or restrict breathing or circulation of
the blood another person
3. by applying such pressure to the neck
or by blocking the nose or mouth of
the person
50
Heat of Passion Defense for 1st Degree Assault
1. Victim, seriously provoked the offender;
2. Accused caused serious bodily injury to
victim;
3. While in a “sudden heat of passion”;
4. And without an interval between the
provocation and the injury
sufficient for the voice of reason to be
heard.
51
when can you not use heat of passion in 1st degree assault
(Legal Theory)
1. A suspect cannot claim self-
defense unless officer is using
unreasonable force.
2. Performance of duties means
on or off duty in or/out of
jurisdiction.
52
Serious bodily injury:
1.Substantial risk of death
2.Permanent disfigurement
3.Loss of blood (severe)
4.Breaks or fractures of bones
5.Burns (2nd or 3rd degree)
6.Impairment of any part or organ
of the body
53
Doctrine of Transferred intent
(Legal Theory)
1. The assault was directed at
party A and Party B was the
victim.
2. a suspect is not justified in using
physical force even if the stop or
arrest is merely unconstitutional
54
2nd degree assault
* only BI
* Offender, with intent;
* To cause bodily injury to another;
* Caused such injury to another;
* By means of a deadly weapon.
55
Sub parts to 2nd degree assault
1. Peace Officers
2. anomaly
3. drug inducement
4.Custody or Confinement – Peace
Officer/Firefighter/Judge/Officer
of Court
5. Detention Facility Employees:
6. Assault with Bodily Fluids
7. Assault by strangulation
8. Felony Assault Rule:
56
2nd degree assault: Peace Officers
1. Offender, with intent;
2. To prevent one he knew or reasonably
should have known to be a peace
officer/firefighter performing a lawful
duty;
3. Intentionally caused bodily injury to such
person.
57
anomaly rule
* Offender, recklessly;
* Caused serious bodily injury;
* To another person;
* By means of a deadly weapon.
58
Drug Inducement:
1. Offender, for purposes other than
lawful
medical or therapeutic treatment;
2. Intentionally caused stupor,
unconsciousness, or other physical
impairment or injury to another;
3. By administering to victim a drug,
substance, or preparation capable of
producing the intended harm;
4. Without victims consent.
59
Custody or Confinement – Peace
Officer/Firefighter/Judge/Officer of Court
1. Offender; While lawfully confined or in
custody as a result of being
charged/convicted of a crime or
charged/adjudicated as a delinquent
child;
2. Knowingly and violently applied
physical force;
3. Against any of those listed above;
4. While in the performance of their duties;
5. Offender knew or reasonably should
have known the victim was any
of the above;
6. Confinement means the suspect is not
free to leave for purposes of this statute.
*** Suspect in custody must apply force to an officer, but there is no requirement that injury or pain result.***
60
Detention Facility Employees:
1. Offender, while lawfully confined or in
custody;
2. As a result of being charged with or
convicted of a crime;
3. Knowingly and violently applied
physical force;
4. Against an employee of a detention
facility/employed by Department
of Human Services/youth service
counselor;
5. While such person is engaged in
performance of duties, and;
6. Offender knew or reasonably should
have known victim was a detention
employee or employed as above
61
Assault with Bodily Fluids:
Lawfully confined in a facility
1. Offender, while lawfully confined in a
detention facility;
2. With intent to infect, injure, harm,
harass, annoy, threaten, or alarm a
person in a detention facility;
3. Whom offender knew, or reasonably
should have known to be an
employee of a detention facility;
4. Caused such employee to come in
contact with blood, seminal fluid,
urine, feces, saliva, mucus, vomit, or
any toxic, caustic or hazardous
material;
5. By means of, including but not limited
to throwing, tossing, or expelling such
fluid or material;
6. Employees include law enforcement
and any person present performing
services for the detention facility
62
Assault by strangulation
1. offender, with intent to cause bodily injury
2. applies sufficient pressure to impede or restrict breathing or circulation of the blood of another
3. applying such pressure to the neck; or
4. by blocking the nose or mouth of the other person
5. causing bodily injury
63
Assault with bodily fluids outside of detention facility
with intent to
1. infect
2. injure
3. harm
64
Felony Assault Rule:
Commission of/attempt to commit/flight therefrom (Brakes Plus) :
Murder
Burglary
Robbery
Arson
Kidnapping 1st degree
Escape 1st degree
Sexual assault
Class 3 felony sexual assault on child
Attempted sexual assault
* During the commission/attempt/flight of any of the above;
* Any person caused serious bodily injury to another person other than
participant.
65
Brakes Plus
Brakes + Murder
66
"BI" difference from 3 and 2nd degree assault
Pain is enough
67
Assault in the 3rd Degree
* Offender knowing or recklessly;
* Caused bodily injury to another;
68
Assault in the 3rd Degree Negligently with a deadly weapon:
* Offender, with criminal
negligence;
* Caused bodily injury to another;
* By means of a deadly weapon.
69
Assault in the 3rd Degree Intent infect, injure, harm harass, annoy, threaten, alarm
* Person whom the actor knows or
reasonably should know to be a
peace officer;
* Causes such person to come into
contact with bodily fluids; toxic
or caustic or hazardous material
* By throwing, tossing, or expelling
70
Can Offense of 3rd degree assault may be a lesser-included offense of 2nd degree assault.
yes
71
Are Multiple blows to the same person within a short period of time, as part of a single criminal transaction constitutes one assault?
Yes
72
Vehicular assault
same as vehicular homicide accept no one dies
1. Offender, operated or drove a motor
vehicle;
2. In a reckless manner;
3. Proximately causing serious bodily
injury to another.
73
Under the Influence
1. Offender operated or drove a motor
vehicle;
2. While DUI or DUID or combination of
alcohol and drugs;
3. Proximately causing serious bodily
injury to another
74
Menacing
1. Offender, knowingly placed or
attempted to place another;
2. In fear of imminent serious bodily injury;
3. By threat or physical action (Class 3
Misdemeanor) or;
4. By use of a deadly weapon (Class 5
Felony) or;
5. Any article used or fashioned in an
manner to cause a reasonable
person to believe the article is a deadly
weapon; or
6. Offender represents verbally or
otherwise he is armed with a deadly
weapon.
75
Felony vs. misdemeanor
whether the offender uses a deadly weapon fashioned/verbally advises/acts otherwise.
76
Focus of ________ is the offender’s _____ to cause fear of serious bodily injury. Actual subjective fear of the victim in ____ required.
1. menacing
2. intent
3. Not
